Delhi High Court - Orders
Daiichi Sankyo Company, Limited vs Malvinder Mohan Singh And Ors on 22 August, 2022
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(EFA)(COMM.) 6/2016
DAIICHI SANKYO COMPANY, LIMITED ..... Decree Holder
Through: Mr. Arvind Nigam, Mr. Arun
Kathpalia, Sr. Advocates with Mr.
Amit Kumar Mishra, Mr. Mohit
Singh, Ms. Devna Arora, Ms.
Samridhi Hora, Mr. Varad
Choudhary, Ms. Astha Ahuja, Ms.
Gauri Goburdhan, Mr. Rohan Jaitley
& Mr. Kunal Chatterjee, Advocates.
versus
MALVINDER MOHAN SINGH AND ORS. ..... Judgement Debtors
Through: Ms.Suman Yadav, Advocate for JD 1,
3, 4 & 13.
Mr. Sanjay Jain, Sr. Advocate with
Mr. Saleem Hasan, Mr. Abhijit Mittal
& Mr. Rohit Dahiya, Advocates for
Fortis Hospitals Ltd.
Mr. Darpan Wadhwa, Sr. Advocate
with Ms. Aditi Mohan & Mr. Sidharth
Mohan, Advocates for Luxury Farms
Pvt. Ltd.
Mr. Ajay Bhargava, Ms. Trishala
Trivedi & Mr. Shivank Diddi,
Advocates for applicants Prius
Commercial Projects Private Limited.
Mr. Ashish Dholakia, Sr. Advocate
with Mr. Sandeep Das, Mr. Siddharth
Sharma, Mr. Rohan Chawla & Ms.
Aishwarya Singh, Advocates for
Religare Enterprises Ltd. & Religare
Finnest Ltd.
Mr. Aditya Dewan, Advocate for JD
Signature Not Verified
Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 1 of 7
By:SAHIL SHARMA
Signing Date:24.08.2022
18:00:10
6 to 8.
Ms. Tanya Arora & Mr. Kunal Vats,
Advocates for Garnishee No. 11
(Gulshan Homz).
Mr. Kartikey Gupta, Advocate for
applicants in I.A. Nos. 15462/2018 &
6859/2019.
Mr. Sumit Goel, Ms. Sonal Gupta, &
Mr. Manu Bajaj, Advcates for ICICI
Bank [Parekh & Co.] +91-
9999674252.
Mr. Ashish Aggarwal, Ms. Gurkamal
Hora Arora & Mr. Jaisel Baath,
Advocates for applicants in EA 2909-
2910/2022.
Mr. Kapil Dev Sapra & Mr. Siddharth
Silwal, Advocates for
applicant/objector.
Ms. Devina Sehgal, Md. Ashaab &
Ms. Somaya Gupta, Advocates for
JD-16 to 18.
Mr. Nikhil Singhvi & Mr. Mohit Seth,
Advocates for applicant-MJ Trust.
Ms. Shally Bhasin, Mr. Chaitanya
Safaya & Mr. Prateek Yadav,
Advocates for R-21 & 23.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 22.08.2022 EX.APPL.(OS) 2909/2022 (U/O XXI Rule 59 read with Section 151 of CPC on behalf of objector-Aahaan Structures LLP seeking stay of sale of property forming part of Khasra No. 290 Min (1-1-1/2) & 292 (4-16) Village Gadaipur, Tehsil Hauz Khas, Mehrauli) & EX.APPL.(OS) 2910/2022 (U/O XXI Rule 59 read with Section 151 of CPC on behalf of objector-Aahaan Structures LLP for attachment and proclamation in respect Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 2 of 7 By:SAHIL SHARMA Signing Date:24.08.2022 18:00:10 of property forming part of Khasra No. 290 Min (1-1-1/2) & 292 (4-16) Village Gadaipur, Tehsil Hauz Khas, Mehrauli)
1. Learned Senior Counsels on behalf of the Decree Holder seeks some time to file the reply to the present applications.
2. Let reply be filed within 15 days with the copy to opposite counsel.
3. List on 18th October, 2022.
EX.APPL.(OS) 2902/2022 (U/O XXI Rule 58 of CPC, 1908 on behalf of Sh. D.N. Sood preferring objections to attachment undertaken on the property of the applicant-Davinder Nath Sood)
1. The present application has been filed under Order XXI Rule 58 of the Code of Civil Procedure, 1908 on behalf of the applicant/objector preferring objections to the attachment undertaken on the property of the applicant-Davinder Nath Sood.
2. Issue notice.
3. Mr. Amit Kumar Mishra, learned counsel on behalf of the Decree Holder accepts notice.
4. Let reply be filed within three weeks with the copy to opposite counsel.
5. Let a fresh copy of the application be supplied to the Decree Holder through e-mail during the course of the day.
6. List on 18th October, 2022.
EX.APPL.(OS) 2907/2022 (U/O 21 Rule 58 read with Section 151 of CPC, 1908 on behalf of applicant-Science of the Soul Research Centre seeking release of the properties bearing Khasra Nos. 1419 (6-14), 1462 (4-04), 1466 (6-11), 1467 (3-08), 1468 (1-04) & 1469 (6-02) situated in Village Asola, New Delhi)
1. The present application has been filed under Order 21 Rule 58 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 3 of 7 By:SAHIL SHARMA Signing Date:24.08.2022 18:00:10 applicant/objector-Science of the Soul Research Centre seeking release of the properties bearing Khasra Nos. 1419 (6-14), 1462 (4-04), 1466 (6-11), 1467 (3-08), 1468 (1-04) & 1469 (6-02) situated in Village Asola, New Delhi.
2. Issue notice.
3. Mr. Amit Kumar Mishra, learned counsel on behalf of the Decree Holder accepts notice.
4. Let reply be filed within three weeks with the copy to opposite counsel.
5. Let a fresh copy of the present application be served to the Decree Holder through e-mail during the course of the day.
6. List on 18th October, 2022.
EX.APPL.(OS) 2908/2022 (U/O 21 Rule 58 read with Section 151 of CPC, 1908 on behalf of applicant-Radha Soami Satsang Beas for release of properties bearing Khasra Nos. 1487 (4-07) & 1489 (5-15) situated in Village Asola, Tehsil Saket, New Delhi)
1. The present application has been filed under Order 21 Rule 58 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the applicant/objector-Radha Soami Satsang Beas seeking release of the properties bearing Khasra Nos. 1487 (4-07) & 1489 (5-15) situated in Village Asola, Tehsil Saket, New Delhi.
2. Issue notice.
3. Mr. Amit Kumar Mishra, learned counsel on behalf of the Decree Holder accepts notice.
4. Let reply be filed within three weeks with the copy to opposite counsel.
5. Let a fresh copy of the application be supplied to the Decree Holder Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 4 of 7 By:SAHIL SHARMA Signing Date:24.08.2022 18:00:10 through e-mail during the course of the day.
6. List on 18th October, 2022.
EX.APPL.(OS) 3326/2022 (U/O XXI Rule 58 read with Section 151 of CPC, 1908 on behalf of the applicant/objector-Religare Finvest Limited seeking dismissal of the E.A. No. 185/2022)
1. The present application has been filed under Order XXI Rule 58 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the applicant/objector-Religare Finvest Limited seeking dismissal of the E.A. No. 185/2022 which relates to entities over which the applicant/objector has legitimate interest.
2. Issue notice.
3. Mr. Amit Kumar Mishra, learned counsel on behalf of the Decree Holder accepts notice.
4. Let reply be filed within three weeks with the copy to opposite counsel.
5. Let a fresh copy of the application be supplied to the Decree Holder through e-mail during the course of the day.
6. List on 18th October, 2022.
I.A. No. 15462/20181. Mr. Karikey Gupta, learned counsel for applicants-Standard Chartered Bank and Altico Capital India Ltd., seeks leave to withdraw the present application.
2. Dismissed as withdrawn.
EX.APPL.(OS) 3299/2022 (U/O XXI Rules 54 & 64 read with Sections 46, 51 & 151 of CPC, 1908 on behalf of Decree Holder for directions)
1. The present application has been filed under Order XXI Rules 54 and 64 read with Sections 46, 51 and 151 of the Code of Civil Procedure, 1908 Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 5 of 7 By:SAHIL SHARMA Signing Date:24.08.2022 18:00:10 on behalf of the Decree Holder seeking direction for sale of the parcels owned by Bindas Realtors Private Limited as also direction for attachment and sale of the land parcels owned by Green Estates Private Limited, White Feather Estates Private Limited, RHC Holding Private Limited, Oscar Investments Limited, Green Biofuels Farms Private Limited, Greenline Buildwell Private Limited and A-1 Book Company Private Limited and also direction for issuance of precepts under Section 46 of the CPC, 1908 and transfer of execution proceedings under Section 39 of the CPC, 1908 in respect of the land parcels situated outside Delhi.
2. Issue notice.
3. Learned counsels on behalf of the Judgment Debtors accept notice.
4. Reply be filed within three weeks with the copy to opposite counsel.
5. Let a fresh copy of the present application be supplied to Judgment Debtors through e-mail during the course of the day.
6. List on 18th October, 2022.
EX.APPL.(OS) 3320/2022 (U/S 151 of CPC, 1908 on behalf of Decree Holder for injunctive relief and directions)
1. The present application has been filed under Section 151 of the Code of Civil Procedure, 1908 on behalf of the Decree Holder seeking to injunct Judgment Debtors from making payment of any amount or causing the payment to FHsL or any person, authority or institution before satisfaction of the Decretal Amount in favour of the Decree Holder as also to injunct Judgment Debtors from making payment of any amount of causing the payment of Rs. 5,00,00,000 or any part thereof to the SEBI in relation to Appeal No. 264/2022, Malvinder Singh and Anr. vs. Securities and Exchange Board of India before the satisfaction of the Decretal Amount in Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 6 of 7 By:SAHIL SHARMA Signing Date:24.08.2022 18:00:10 favour of the Decree Holder and also direction to the Judgment Debtor to deposit the entire Award amount with the Registrar General of this Court prior to implementation of any settlement talks with party, including FHsL.
2. Issue notice.
3. Learned counsels on behalf of the Judgment Debtors accept notice.
4. Reply be filed within three weeks with the copy to opposite counsel.
5. Let a fresh copy of the present application be supplied to Judgment Debtors through e-mail during the course of the day.
6. List on 18th October, 2022.
O.M.P.(EFA)(COMM.) 6/2016 & EX.APPLs.(OS) 660/2019, 590/2020, 494/2021, 1096/2021, 1361/2021, 1365/2021, 115/2022, 185/2022, 2903/2022, 2967/2022, 2968/2022, 3013/2022, I.As. 5552/2019, 5553/2019
1. List for consideration on 18th October, 2022.
NEENA BANSAL KRISHNA, J AUGUST 22, 2022 S.Sharma Signature Not Verified Digitally Signed O.M.P.(EFA)(COMM.) 6/2016 Page 7 of 7 By:SAHIL SHARMA Signing Date:24.08.2022 18:00:10